Employers: Do your employee handbooks invite lawsuits for wrongful termination?

If you are comfortably resting on the belief that you can discharge your employees for any or no reasons, due to the at-will nature of employment in Colorado, perhaps it is time to take a close look at your employee handbook. COLORADO JURIES HAVE AWARDED VERDICTS IN EXCESS OF TWO HUNDRED FIFTY THOUSAND DOLLARS (in the case of Allabashi V. Lincoln Nat’l Sales Corp. ), TO MORE THAN 2 MILLION DOLLARS FOR BREACH OF CONTRACT ARISING FROM A HANDBOOK. This article will present an overview of Colorado decisions addressing contracts arising out of employee manuals, even in those situations where the employee is advised, and agrees to, the status of an “at-will” employee, subject to termination at the whim (or discretion, with or without reason) of the employer.This article is not designed to provide legal advice or render legal opinions for specific situations. For specific legal questions, contact the attorney of your choice. If you wish to consult with the author on anymatter relating to Colorado employment issues, you will be advised of the fee basis for such consultation. Read More

LACK OF KNOWLEDGE OF NEED FOR EMPLOYER TO PROVIDE RELIGIOUS ACCOMMODATION WILL NOT BAR A SUIT FOR DISCRIMINATORY FAILURE TO HIRE

The U.S.. Supreme Court, on June 1, 2015, decided that an employer can be liable for religious discrimination, under Title VII, when applying a seemingly neutral employee policy, applicable to all employees, against a member of a religion, who has not asked for any accommodation, but the employer suspects that one might be asked for, and therefore directs that the job applicant not be hired. This was in the case of EEOC v. Abercrombie & Fitch Stores, Inc. This case involved a Muslim woman, Samantha Elauf, wearing a head scarf when interviewed for employment, who never mentioned that she was wearing the scarf for religious purposes, or that she needed any accommodation from the employer to be allowed to wear the scarf at work. The Company had a “Look Policy” in place, applicable to all employees, governing its employees’ manner of dressing while at work. Read More

Unemployment Benefits for Job Loss Due to Harassment

Many people question whether or not they are permitted to resign from their employment and then collect unemployment compensation benefits, under the theory of “constructive termination”, when a co-worker is harassing them. “Constructive termination” in Colorado is shown by evidence establishing deliberate action on the part of an employer which makes or allows an employee’s working conditions to become so difficult or intolerable that the employee has no other choice but to resign. Such determination depends upon whether a reasonable person under the same or similar circumstances would view the working conditions as intolerable. See, Wilson v. Board of County Commissioners. Read More